Utah Recent Legal Answers from Lawyers

The simple answer about needing to file now is no -- but it would be much simpler for him to file right now and obtain service of the petition on her before she leaves. Otherwise, you would need to find a way to serve her in Taiwan, assuming you could find her there. So, yes, get started now! He does not have to finish the divorce before she leaves, he just needs to get it started and get her served with the required documents. As to your second question, the baby. Absent someone adopting the baby, your son could be financially liable for support. It does not matter whether he sees the child or not -- child support and parent-time (visitation) are completely independent of each other. I presently have some openings available, and can assist your son, should you want. If so, please telephone for an appointment. David R. Hartwig 801-486-1715... Read Answer

The simple answer to your question is no. From what I read, the boyfriend owns the house, therefore he controls who can be on the property. You do not mention any rental or lease agreements, and without such, he can basically kick you out of the house immediately. However, in light of your financial involvement, and property issues, I strongly suggest that you hire an experienced family law attorney to assist you in asserting your property and financial rights, and that you do so quickly so that you do not suffer any loss. Now is not the time to look for ideas or help on the internet; now is the time to take appropriate legal action to preserve your financial and property rights. I may be able to assist you, if you want. David R. Hartwig 801-486-1715... Read Answer

You omit a number of important details from your summary. You do not state where you live, or where the accident occured. You do not state when the default judgment was entered either. You are on a very short timeline to challenge the default judgment. While you may not want to hear it, the best thing you can do is retain counsel to review your claims and facts, and then explore your options. I can assist you, should you so choose. David R. Hartwig 801-486-1715... Read Answer

You need to be able to document your claims. Did you have an inspection of the house performed at the time of your purchase? The best thing to do is to retain a good attorney who is familiar with taking cases to trial, so that you can properly document all of the facts of your claim, and effeciently present you claim to the court. I can assist you, if you choose. David R. Hartwig 801-486-1715... Read Answer

No. Others could apply to the court to be the child's guardian or to terminate your parental rights and to adopt the child. If the mother dies and you were not already deemed to be "next in line for custody" in the court's original paternity case order, you'll need to go to court and secure your custody rights.... Read Answer

Your friend will likely be allowed to leave. Aliens are usually not prevented from leaving the country. She may be briefly questioned and subject to a expedited removal order, but it will not be a long process so long as your friend does not challenge the proceedings. Your friend needs to understand that she will likely not be allowed to re-enter the United States again. She will be barred from admission for ten years unless a waiver is approved. Even after ten years, she will face difficulty returning, ... Read Answer

If you are still in F-1 status at the time that the asylum application is denied, the denial should not affect your nonimmigrant status and ability to obtain OPT. U.S.C.I.S. questions on immigrant intent are focused on persons who have filed for immigrant visa petitions or immigrant visas or adjustments of status to permanent residence.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Great question. You can serve a complaint for divorce and the summons upon your spouse by mail. Here?s what the rules require: See Utah Rules of Civil Procedure, Rule 5 and the Appendix of Forms Service of the summons and complaint by mail requires: The summons and complaint may be served upon an individual other than a person under 14 years of age or an person judicially declared to be of unsound mind or incapable of conducting the person's own affairs by mail or commercial courier service in any state or judicial district of the United States provided that your spouse's attorney or agent authorized by appointment or by law to receive service of process signs a document indicating receipt. Service by mail or commercial courier service is complete on the date the receipt is signed, so long as the receipt is signed by the your spouse, your spouse?s attorney, or agent authorized by appointment or by law to receive service of process, and so long as proof of service is filed with the court, usually in the form of an affidavit. You can also see if your spouse will waive form service of the summons. If your spouse refuses a request for waiver of service submitted in accordance with this rule, the court shall impose upon your spouse the costs subsequently incurred in effecting service. If you mail or otherwise deliver the request for waiver of service and a copy of the complaint to the person upon whom service is authorized, include in your request that you shall allow your spouse at least 21 days from the date on which the request is sent to return the waiver, or 30 days if addressed to a defendant outside of the United States, and include notice 1) that a lawsuit has been commenced against the person, 2) that a copy of the complaint and an extra copy of the waiver form, is attached to your request and notice; 3) that the complaint has been filed in the District Court for the County in the State of Utah where you filed it; 4) what the case number assigned to the case is; 5) what the courthouse address is where the answer to the complaint needs to be file; 6) that the request is not a formal summons or a notification from the court, but rather a request that the person sign and return the enclosed waiver of service in order to save the cost of serving a judicial summons and an additional copy of the complaint; 7) that the cost of service will be avoided if a signed copy of the waiver is received within 20 days after the date your Notice and Request is sent; 8) that you provided with your notice and request a stamped and addressed envelope (or other means of cost-free return) for your spouse?s or spouse?s attorney?s or agent's use; 9) that if your spouse or attorney or agent complies with your request and returns the signed waiver, it will be filed with the court and no summons will be served; 10) that your spouse must answer the complaint within 45 days from the date you sent the notice and request; 11) that the signed waiver is not returned within the time indicated, you will take appropriate steps to effect formal service in a manner authorized by the Utah Rules of Civil Procedure and will then, to the extent authorized by those Rules, ask the court to require your spouse to pay the full costs of such service; and 12) a statement concerning the duty of parties to waive the service of the summons.... Read Answer

Even in another state, if you remove the interlock device, you are in violation of your terms of probation, and your license in Utah can be suspended. Most of the states have entered into an interstate compact, and if your license is suspended in Utah, it can be suspended in another state.... Read Answer

He owes you the $17,000 or the vehicle. You have two courses of action. The amount owed is more than can be handled in small claims court, so you will need to hire an attorney to sue him for either the vehicle or the money, plus attorney's fees. You can also go to the local police department and file theft charges against the friend. Be aware that if you file criminal charges, he may go to jail, and if so, you probably will not see either the vehicle or the money until he gets out. This could be quite some time down the road.... Read Answer

Your finacee has to obtain orders concerning custody and parent-time. That is the only way she can attempt to control the father's access -- through going to court and obtaining court orders. She needs to quit waiting and get moving in order to protect her daughter. Why she did not do it in the past is beyond my understanding; but, if she is concerned now, she needs to move now by hiring an attorney and getting her case filed with the court. I can assist her, should she wish. David R. Hartwig 801-486-1715... Read Answer

From what you say, you separated but never obtained any orders concerning custody of the children. That was an error, as you are currently learning. You raise a number of questions, particularly who moved, as in you are in Hawaii and she is in Utah. That could be of consequence for jurisdiction of the children. You need to move forward and get a divorce or separation action filed, so that you can proceed to obtain custody orders. And yes, you may have to fly back here to pick up the child if your are successful. If you want help, I may be able to assist you. David R. Hartwig 801-486-1715... Read Answer

Your wife's attorney cannot deny you seeing your daughter; however, absent some kind of orders for parent-time, your wife can. Her attorney is probably simply informing you of your wife's instructions. You obviously do not have an attorney on your side. You had best hire one, and now, to assist you in preserving your rights, and minimizing your obligations. If you care for your daughter, hire an attorney now and fight to see your daughter. I can assist you, if you want. David R. Hartwig 801-486-1715... Read Answer

The simple answer is yes. But, until your rights are legally established you don't really have any rights. As the mother died, you should be filing for custody of the child at the very least. You need to move forward, and you need to do it now. Do not delay, for delay will only make things worse. I can assist you, if you want. David R. Hartwig 801-486-1715... Read Answer

That all depends on what the decree of divorce says about transportation. You say that she moved 2 hours away. Does that equate with her having moved more that 150 miles away? If so, you need to modify the decree. Even if it is not more that 150 miles away, you may be in a position to attempt to change the decree; depending on the reason for her move and such similar factors. Whatever you do, you need to get moving forward. I can assist, if you wish. David R. Hartwig 801-486-1715... Read Answer

Yes, they could still charge you with something. If your friend is willing to admit to what he did, though, you could still get the charges dismissed at some point. If he will not admit to what he was doing, and is willing to let you take the charges, you could be in trouble. You will definitely want to hire an attorney for this either way.... Read Answer

Odds are that the lease holds each party jointly or severally liable for the rent. If that is what your lease says, that means you are 100% responsible for the rent, as is the other person. You are each 100% responsible on the lease. That means you may want to go against the other person, assuming you had some sort of agreement. I may be able to assist you, should you desire. David R. Hartwig 801-486-1715... Read Answer

More information is needed about why your husband was deported. Please keep in mind that the fact that his visa was valid does not necessarily mean he was authorized to stay in the United States. The visa allows him to enter the country but does not control his period of authorized stay. He is authorized to stay only until the date in his I-94. Even then he can be deported if he violated the terms of his admission. Assuming your spouse could return, you would start the process by filing a Form I-130. ... Read Answer

Yes, you can get an attorney to assist you in making the change. There are a couple of different ways of making the change. Using an attorney may be a wise move, as the child support schedules, and child support obligations, may change depending on how the custody changes. I am in a position to assist you, should you want. David R. Hartwig 801-486-1715... Read Answer

Part of the problem you have is that part of your restrictions result from federal law.. Even if you had been charged with a different offense that did not result in a ban directly, the feds could look not at the charge but the facts, and determine whether you were banned or not. The best thing to do would be to talk with a lawyer in the state where the felony occurred, and see if there is a way to get the charge reduced or expunged, and see if that will help. If that does not, we would have to look at the specific statutes, and see if there is another way to clear your record.... Read Answer

Your daughter needs to obtain court orders concerning custody, parent-time, and child support. That is the safest, and only, way to control access to the child, and the parents' responsibilities and rights with the child. I can assist, should you be interested. I offer an initial 1/4 hour consultation for free, or a 1/2 hour consultation for $50. The consultation can be handled by telephone. David R. Hartwig 801-486-1715... Read Answer